2004-104AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON
COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE
COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor, or in his absence the Mayor ProTem, is hereby authorized to
execute an Interlocal Cooperation Agreement between the City of Denton and Denton County for
the impoundment and disposition of dogs and cats, substantially in the form of the copy of which is
attached hereto and incorporated by reference herein.
SECTION 2. That the City Council authorizes the collection of all fees as provided pursuant
to the provisions of said Agreement.
SECTION 3. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this tNe ~/~ dayof 6/~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
This Agreement made and entered into by and between the City of Denton, Texas, acting
herein by and through its Mayor, duly authorized by resolution of the City Council of said City
(hereinafter called "CITY"), and the County of Denton, Texas, acting herein by and through its
County Judge, duly authorized by court order of the Commissioners Court of Denton County,
Texas (hereafter called "COUNTY").
WHEREAS, CITY and COUNTY are both local governments with the authority and
power to contract; and
WHEREAS, CITY is engaged in the services of holding and disposing of dogs and cats
for the benefit of the citizens of Denton; and
WHEREAS, CITY is the owner of certain facilities and equipment designed for the
holding and disposition of dogs and cats and has in its employ trained personnel whose duties are
related to the use of such facilities and equipment; and
WHEREAS, COUNTY desires to obtain impoundment and disposition services for dogs
and cats rendered by CITY, as more fully hereafter described, for the benefit of the residents of
the Denton County, Texas; and
WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of
Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant
thereto; and
WHEREAS, COUNTY and CITY have the authority to perform the services set forth in
this Agreement individually in accordance with Texas Goverrunent Code §791.011 (c); and
WHEREAS, COUNTY will make all payments for services out of available current
revenues and CITY agrees that the payments made by COUNTY hereunder will fairly
compensate it for the services provided;
NOW, THEREFORE, the COUNTY and the CITY, for the mutual consideration
hereinafter stated, agree as follows:
A. COVENANTS OF THE CITY OF DENTON:
1. Holding of Dogs and Cats. CITY agrees to accept and hold dogs and cats lawfully
impounded by authorized representatives of COUNTY under the following terms and
conditions:
Holding Period for Dogs and Cats. CITY agrees to hold such dogs and cats for a
period of ninety-six (96) hours fi.om the time they are accepted by the Animal
Control Center in order to allow the owners of the impounded animal a reasonable
amount of time to reclaim the impounded animal. If the animal is not reclaimed
within the ninety-six (96) hour period, the ownership of the animal shall revert to
the Animal Control Center. Animals will be humanely destroyed or placed for
adoption at the discretion of the Animal Control staff.
Holding Fees for Impounded Dogs and Cats. For the purpose of this Agreement,
CITY will charge Fifteen Dollars ($15.00) for first day or part of a day and Five
Dollars ($5.00) for each subsequent day holding fee that an animal is held at the
Animal Control Center. In determining the meaning of the term "animal" as used
herein, it is agreed that a pregnant animal which has its litter while being held, or
an animal which is nursing its litter and is being kept in the same cage, will be
considered one animal for the assessment of charges provided for in this
Agreement. This fee will be assessed against the owner of the animal at the time
the animal is reclaimed. No animal will be released until all applicable fees are
paid in full.
Holding of Quarantine Animals. CITY agrees to accept and hold rabid suspects
in quarantine for COUNTY when conditions permit, and such action is authorized
by a representative of COUNTY.
Holding Fees for Quarantined Animals. The holding fee for quarantined animals
shall be Fifteen Dollars ($15.00) for the first day or part of a day and Five Dollars
($5.00) for each subsequent day that the animal is held.
Head Shipments and Rabies Testing. Upon request of COUNTY, CITY will
provide for the removal and shipment of heads of rabid suspects for clinical rabies
testing at the Texas Department of Health. The fee for this service shall be
Seventy Dollars ($70.00) for each head shipped.
COVENANTS OF DENTON COUNTY:
Financial Responsibilities. In order to reimburse CITY for its costs incurred under
this Agreement, COUNTY agrees to pay for the holding fees and euthanasia fees on
dogs and cats received fi.om COUNTY or its authorized agent if the animal(s) is not
reclaimed by the owner. These fees will be assessed on the following basis:
Euthanized Animal: Fifteen Dollars ($15.00) for the first day or part of a day and
Five Dollars ($5.00) for each subsequent day holding fee for each animal as
determined herein, plus Thirty Dollars ($30.00) euthanasia fee.
ANIMAL CONTROL INTERLOCAL COOPER3tTION AGREEMENT - COUNTY
PAGE 2 OF 5
Adopted Animal: Fifteen Dollars ($15.00) for the first day or part of a day and
Five Dollars ($5.00) for each subsequent day holding fee for each animal as
determined herein.
c. Head Shipments: Seventy Dollars ($70.00) shipping fee.
d. Carcass disposal: Five dollars ($5.00).
2. CITY will collect impound fees duly authorized by COUNTY and as specified in this
paragraph from the owners of dogs and cats received from COUNTY. Impound fee
monies will be applied to fees owed CITY by COUNTY for animals not reclaimed by
the owner:
IMPOUND FEE
1st Impoundment - $20.00
2nd Impoundment - $30.00
3ra Impoundment - $45.00
4th Impoundment - $70.00
3. COUNTY agrees payment shall be made within forty-five (45) days of receipt of
invoice by COUNTY.
CITY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all
CITY's employees and agents, CITY's subcontractors and/or contract laborers doing work under
a contract or agreement with CITY in performance of this Agreement with COUNTY.
COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of
all COUNTY's employees and agents, COUNTY's subcontractors and/or contract laborers doing
work under a contract or agreement with COUNTY in performance of this Agreement with
CITY. It is further agreed that if claim or liability shall arise from the joint or concurring
negligence of both parties hereto, it shall be borne by them comparatively in accordance with the
laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of
any defenses available to it under the laws of the State of Texas. It is understood that it is not the
intention of the parties hereto to create liability for the benefit of third parties, but that this
Agreement shall be for the benefit of the parties hereto.
The fact that COUNTY and CITY accept certa'm responsibilities relating to the collection and
impounding of dogs and cats under this Agreement as part of their responsibility for providing
protection for the public health and welfare and, therefore, makes it imperative that the
performance of these vital services be recognized as a governmental immunity shall be, and is
hereby invoked to the full extent possible under the law. Neither CITY nor COUNTY waives or
ANIMAL CONTROL INTERLOCAL COOPEIL~TION AGREEMENT - COUNTY
PAGE 3 OF 5
shall be deemed hereby to waive any immunity or defense that would otherwise be available to it
aga'mst the claims arising from the exercise of governmental functions.
The term of this Agreement shall be in one-year increments, beginning on January 1, 2004 and
continuing to December 31 of the following year and thereafter from year to ear until terminated
in accordance with this Agreement.
Either party may terminate this Agreement at any time without cause by giving 90 days advance
notice in writing to the other, specifying the date of termination. If either party breaches a
provision of this Agreement, the other party shall give the defaulting party written notice of the
default. Should the defaulting party fail to correct the default within thirty days of the date
notice of default is sent, the other party may declare the Agreement terminated. COUNTY shall
be liable to CITY pro rata for the payment of emergency medical services provided up to the
date of termination.
This Agreement represents the entire and integrated agreement between CITY and COUNTY
and supersedes all prior negotiations, representations, and/or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both CITY and
COUNTY.
This Agreement and any of its terms or provisions, as well as the rights and duties of the parties
hereto, shall be governed by the laws of the State of Texas.
In the event that any portion of this Agreement shall be found to be contrary to law, it is the
intent of the parties hereto that the remaining portions shall remain valid and in full force and
effect to the extent possible.
The undersigned officer and/or agents of the parties hereto are the properly authorized officials
and have the necessary authority to execute this Agreement on behalf of the parties hereto, and
each party hereby certifies to the other that any necessary resolutions extending said authority
have been duly passed and are now in full force and effect.
PAGE 4 OF 5
2002~5_.EXECUTED in duplicate
originals this the ~ day of ~~d/f~
CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
DENTON COUNTY, TEXAS
COUNTY JIJDGE (
ATTEST:
DENTON COUNTY CLERK
DISTRICT ATTORNEY
ANIMAL CONTROL I[NTERLOCAL COOPERATION AGREEMENT - COUNTY
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